Article I. In General.
§ 40-1. Knowing misrepresentation of boundaries, corners, public lands prohibited.
§ 40-2. Subdivision plat to be provided.
§ 40-3. Penalty for violation of sections 40-1, 40-2.
§ 40-3A. Renewable energy devices.
Article II. Deeds of Trust.
§ 40-4. Execution, acknowledgment and recording; validity; assignment.
§ 40-5. Release-Form.
§ 40-6. Same-Recording.
§ 40-7. Same-Endorsement on original.
§ 40-8. Same-Retention of deed of trust by clerk of court.
§ 40-9. Validity of release in prescribed modes.
Article III. Sale of Real Property.
§ 40-10. Duty to allow buyers to review master plans.
§ 40-10A. Disclosure of availability of water and sewer service.
§ 40-10B. Disclosure of covered building benchmarking and performance standards information.
§ 40-11. Disclosure of location of airport or heliport within five-mile radius of property.
§ 40-11A. Disclosure of costs attributable to transportation related facilities.
§ 40-12. Disclosure of Location in Special Protection Area.
§ 40-12A. Disclosure of Historic Designation.
§ 40-12B. Real property sold in Agricultural Zones.
§ 40-12C. Disclosure of actual property tax amount.
§ 40-12D. Disclosure of availability of property tax credits for accessibility improvements.
§ 40-13. Other disclosure requirements not affected.
§ 40-13B. Energy performance audits—single family homes.
§ 40-13C. Radon test—single-family home.
§ 40-14. Penalty for violation of Article; enforcement.
Article IV. New Home Sales Contracts.
§ 40-15. Definitions; scope.
§ 40-16. Right to pre-settlement inspection.
§ 40-17. Disclosure of settlement and contract performance dates.
§ 40-18. Recording oral statements or promises.
§ 40-19. Arbitration clauses.
§ 40-20. Administration and penalties; regulations.
Notes
| [Note] | *Editor’s note—Chapter 40 is cited in F.D.R. Srour Partnership v. Montgomery County, 179 Md. App. 109, 944 A.2d 1149 (2008), aff’d., 407 Md. 233, 964 A.2d 650 (2009). 1997 L.M.C., ch. 15, § 2, reads as follows: “This act take effect on January 1, 1998, and applies to any contract for the sale of real property in the County signed on or after that date.” |
It shall be unlawful for any real property owner, real estate broker, real estate salesman or agent in selling property situated in the county, knowingly to misrepresent or knowingly to mislead the purchaser of such real property, as to the location of the boundary lines, the corners of such property and the location of contiguous land dedicated to, under easement to or owned by any public agency for the purpose of parks, roads, streets, alleys, sidewalks, crosswalks, storm drainage or other public use. (1968 L.M.C., Ex. Sess., ch. 1, § 1.)
It shall be the duty of either the property owner, broker, salesman or agent when selling an unimproved lot or a newly constructed house being sold for the first time, located within a subdivision recorded or intended to be recorded among the county land records, to provide to the purchaser, or if more than one (1) purchaser, to at least one (1) of the purchasers, prior to the entering of a contract of sale, an entire copy of the single recorded plat of subdivision on which the subject property is located or a copy of such plat as it is intended to be recorded in the land records; provided, that this provision shall not apply to subdivision plats not available from the Maryland-National Capital Park and Planning Commission. In the event that the property being sold is not an unimproved lot or a newly constructed house being sold for the first time, the purchaser shall be provided with a copy of the subdivision plat as aforesaid, or in the alternative, the purchaser in writing may waive the receipt of a copy of such plat at the time of execution of the contract, but shall prior to or at the time of settlement, be provided by the property owner, broker, salesman or agent, with a copy of the subdivision plat. (1968 L.M.C., Ex. Sess., ch. 1, § 1.)
Loading...